Belt system in sherdog

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Raul24 said:
Im new in here, and i noticed many members have purple, black, orange and more belt colors.

Im guessing its a ranking system, if it is how can you improve your ranking? or how does it work
Click to expand...

who cares about belt anyways ?
 
Raul24 said:
Im new in here, and i noticed many members have purple, black, orange and more belt colors.

Im guessing its a ranking system, if it is how can you improve your ranking? or how does it work
Click to expand...

chicken
 
Nostromo said:
I've been pushing to change the 'Forum Rules' menu option to maybe 'Nudes' or 'Porn'.
Click to expand...

Upon the first time a user logs in, they should be redirected to the Rules/FAQ section, and have to check a box that says "I have read all of these, and am willing to open myself to mass ridicule by asking a stupid question already covered in this section."
 
TehLivingDeath said:
Upon the first time a user logs in, they should be redirected to the Rules/FAQ section, and have to check a box that says "I have read all of these, and am willing to open myself to mass ridicule by asking a stupid question already covered in this section."
Click to expand...

Decent idea but that would have about the same effect as a worn down speed bump.

When you install new software on your computer and the Licensing Agreement window comes up and you have to check the 'I Agree' box to continue, did you read all or even any of the shit in that agreement before checking the box?

The current method of giving an infraction with the included message 'read the friggin rules
 
Nostromo said:
When you install new software on your computer and the Licensing Agreement window comes up and you have to check the 'I Agree' box to continue, did you read all or even any of the shit in that agreement before checking the box?
Click to expand...
yes
 
Once you know the rules and have been around a while it's easy to have all the answers. We were all new at some point and all had to find our way until we got our feet wet.

This fellow had the whereabouts to find the support forum and ask here, which is far better than what many others have done in terms of creating the same thread in the heavies.
It's easy to chastise and tell someone to read the rules and faq's before they do anything else once they join, but it takes less effort to educate and help someone who's genuine in their ask. We were all new once and all needed a push in the right direction in some capacity.
 
Uber BAM said:
yes
Click to expand...

With the Sherdog mindset of TLDR for anything over 20 words without pics of tits included, you're a unique individual if you're reading this every time.

Typical software licensing agreement, and I had to cut out 1000 characters from the end just so it would fit in one post.

THIS AGREEMENT is entered into as of XXXX ("Effective Date") by and between
NIELSEN ENGINEERING & RESEARCH, INC. (NEAR), with offices at 605 Ellis Street,
Suite 200, Mountain View, California 94043-2241 ("LICENSOR") and COMPANY NAME
and ADDRESS ("LICENSEE").
WHEREAS, Licensee wishes to license software for the purpose of xxxxxxxxx and
NEAR desires to license this software to licensee.
NOW THEREFORE, the parties hereto agree as follows:
1. GRANT OF LICENSE
Subject to the terms and conditions of the Agreement, NEAR grants to Licensee a
non-exclusive, non-transferable license to use the software identified in Exhibit A (the "Licensed
Programs") for the purpose of xxxxxxxxxxxxxxxxxxxxxxxx. Licensee may use the Licensed
Programs in executable format for its own use, and may translate or modify the licensed
programs or incorporate them into other software. Licensee may not, however, transfer or
sublicense the Licensed Programs to any third party, in whole or in part, in any form, whether
modified or unmodified.
2. CONSIDERATION TO NEAR
a. Licensee shall pay, upon delivery of the Licensed Programs, the license fees set
forth in Exhibit A attached hereto.
b. License fees do not include any shipping, duties, bank fees, sales, use, excise or
similar taxes due. If Licensor is required to pay any such amounts, Licensee shall reimburse
Licensor in full.
3. COPIES
Licensee may make copies of the Licensed Program in executable code form as
necessary for use by Licensee and for backup or archive purposes. Licensee agrees to maintain
records of the location and use of each copy, in whole or in part, of the Licensed Programs. Each
Licensed Program is copyrighted but unpublished by NEAR. Licensee agrees to reproduce and
apply the copyright notice and proprietary notice of NEAR to all copies made hereunder, in
whole or in part and in any form, of Licensed Programs.
- 2 -
4. OWNERSHIP
The original and any copies of the Licensed Programs, made by Licensee, including
translations, compilations, partial copies, modifications, and updates, are the property of NEAR.
5. PROPRIETARY RIGHTS
Licensee recognizes that NEAR regards the Licensed Programs as its proprietary
information and as confidential trade secrets of great value. Licensee agrees not to provide or to
otherwise make available in any form the Licensed Programs, or any portion thereof, to any
person other than employees of Licensee without the prior written consent of NEAR. Licensee
further agrees to treat the Licensed Programs with at least the same degree of care with which
Licensee treats its own confidential information and in no event with less care than is reasonably
required to protect the confidentiality of the Licensed Programs.
6. TERM
The license granted hereunder shall continue unless and until terminated pursuant to
Section 7 hereof and subject to Licensee's proper performance of its obligations hereunder.
7. TERMINATION
NEAR may terminate this Agreement if Licensee is in default of any of the terms and
conditions of this Agreement and fails to correct such default within ten (10) days after written
notice thereof from NEAR.
8. TERMINATION CERTIFICATE
In the event of termination, Licensee will immediately discontinue use of the
Licensed Programs. Within one (1) month after termination of this Agreement, Licensee will
furnish to NEAR a certificate which certifies with respect to each of the Licensed Programs that,
through its best effort and to the best of its knowledge, the original and all copies, in whole or in
part and in any form, of each of the Licensed Programs have been destroyed. The provisions of
Sections 4, 5, 8, 11, and 13 hereof shall survive any termination of this Agreement.
9. MAINTENANCE SUPPORT
Licensor will provide to Licensee the following support with respect to the Software:
(i) If during the 1st year of this Agreement, Licensee notifies Licensor of a
substantial program error respecting the Software, or Licensor has reason to believe that error
exists in the Software and so notifies Licensee, Licensor shall at its expense verify and attempt to
correct such error within thirty (30) working days after the date of notification. If Licensee is not
- 3 -
satisfied with the correction, then Licensee may terminate this Agreement, but without refund of
any amount paid to Licensor or release of any amounts due Licensor at the time of termination.
(ii) In the case that Licensee has technical questions in the use of the Software
during the 1st year of this Agreement, Licensee may submit those questions to Licensor.
Licensor shall provide consulting to answer such questions without charge to Licensee up to a
maximum of sixteen (16) hours for each licensed program.
(iii) If License desires to continue the Software support specified in this section,
Licensee shall pay to Licensor the maintenance fee(s) set forth in Exhibit A.
10. DELIVERY OF LICENSED PROGRAMS
NEAR shall use its best efforts to deliver the Licensed Programs promptly after
receipt of the purchase order and export license (if required).
11. WARRANTY DISCLAIMER
NEAR licenses, and Licensee accepts, the licensed programs "AS IS." NEAR
PROVIDES NO WARRANTIES AS TO THE FUNCTION OR USE OF THE LICENSED
PROGRAMS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING,
WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND
PERFORMANCE OF THE LICENSED PROGRAM IS WITH LICENSEE. LICENSOR DOES
NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE LICENSED PROGRAMS
WILL MEET LICENSEE'S REQUIREMENTS OR THAT THE OPERATION OF THE
LICENSED PROGRAMS WILL BE UNINTERRUPTED OR ERROR FREE.
12. PATENT AND COPYRIGHT INDEMNITY
NEAR will defend at its own expense any action brought against Licensee to the
extent it is based on a claim that the Licensed Programs used within the scope of the license
granted hereunder infringe a United States patent, copyright or other proprietary right of a third
party. NEAR will pay any costs, damages or attorney fees finally awarded against Licensee in
such action which are attributable to such claim, provided NEAR is promptly notified in writing
of such claim, may control the defense and/or settlement of such claim, and is provided with all
requested assistance, information and authority. In the event that a Licensed Program becomes,
or in NEAR's opinion is likely to become, the subject of a claim of infringement of a United
States patent, copyright or trade secret, NEAR may at its option either secure Licensee's right to
continue using the Licensed Programs, replace or modify the Licensed Programs to make them
not infringing, or provide Licensee with a refund of the license fee less depreciation on a 5 (five)
year, straight-line basis. NEAR shall have no liability for any claim of patent, copyright or trade
secret infringement based on the use of a Licensed Program in any form other than the original,
unmodified form provided to Licensee or the use of a combination of the Licensed Programs
- 4 -
with hardware, software or data not supplied by NEAR where the used Licensed Programs alone
in their original, unmodified form would not constitute an infringement. The foregoing states
Licensee's entire liability for infringement or claims of infringement of patents, copyrights or
other intellectual property right.
13. LIMITATION OF LIABILITY
NEAR'S LIABILITY TO LICENSEE UNDER ANY PROVISIONS OF THIS
AGREEMENT FOR DAMAGES FINALLY AWARDED SHALL BE LIMITED TO THE
AMOUNTS ACTUALLY PAID HEREUNDER BY LICENSEE TO NEAR. IN NO EVENT
SHALL NEAR BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR
CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF USE, LOSS OF PROFITS OR
INTERRUPTION OF BUSINESS, HOWEVER CAUSED OR ON ANY THEORY OF
LIABILITY.
14. NOTICES
All notices in connection with this Agreement shall be in writing and may be given by
certified, registered, or first class mail or personally delivered at the address set forth on the front
page. For purposes of this Agreement, a notice shall be deemed effective upon personal delivery
to the party or if by mail five days after proper deposit in a mail box.
15. SUCCESSORS
This Agreement will be binding upon and will inure to the benefit of the parties hereto
and their respective representatives, successors and assigns except as otherwise provided herein.
16. SEVERABILITY
In the event any provision of this Agreement is determined to be invalid or
unenforceable, the remainder of this Agreement shall remain in force as if such provision were
not a part.
17. GOVERNING LAW/FORUM
This Agreement shall be governed and interpreted by the laws of the State of
California. Santa Clara County, California shall be the appropriate venue and jurisdiction for the
resolution of any disputes hereunder. Both parties hereby consent to such personal and exclusive
jurisdiction.
18. NON-ASSIGNMENT
This Agreement and the licenses granted by it may not be assigned, sublicensed, or
otherwise transferred by Licensee without the prior written consent of NEAR.
 
awesome post, would read again
 
Nostromo said:
With the Sherdog mindset of TLDR for anything over 20 words without pics of tits included, you're a unique individual if you're reading this every time.

Typical software licensing agreement, and I had to cut out 1000 characters from the end just so it would fit in one post.

THIS AGREEMENT is entered into as of XXXX ("Effective Date") by and between
NIELSEN ENGINEERING & RESEARCH, INC. (NEAR), with offices at 605 Ellis Street,
Suite 200, Mountain View, California 94043-2241 ("LICENSOR") and COMPANY NAME
and ADDRESS ("LICENSEE").
WHEREAS, Licensee wishes to license software for the purpose of xxxxxxxxx and
NEAR desires to license this software to licensee.
NOW THEREFORE, the parties hereto agree as follows:
1. GRANT OF LICENSE
Subject to the terms and conditions of the Agreement, NEAR grants to Licensee a
non-exclusive, non-transferable license to use the software identified in Exhibit A (the "Licensed
Programs") for the purpose of xxxxxxxxxxxxxxxxxxxxxxxx. Licensee may use the Licensed
Programs in executable format for its own use, and may translate or modify the licensed
programs or incorporate them into other software. Licensee may not, however, transfer or
sublicense the Licensed Programs to any third party, in whole or in part, in any form, whether
modified or unmodified.
2. CONSIDERATION TO NEAR
a. Licensee shall pay, upon delivery of the Licensed Programs, the license fees set
forth in Exhibit A attached hereto.
b. License fees do not include any shipping, duties, bank fees, sales, use, excise or
similar taxes due. If Licensor is required to pay any such amounts, Licensee shall reimburse
Licensor in full.
3. COPIES
Licensee may make copies of the Licensed Program in executable code form as
necessary for use by Licensee and for backup or archive purposes. Licensee agrees to maintain
records of the location and use of each copy, in whole or in part, of the Licensed Programs. Each
Licensed Program is copyrighted but unpublished by NEAR. Licensee agrees to reproduce and
apply the copyright notice and proprietary notice of NEAR to all copies made hereunder, in
whole or in part and in any form, of Licensed Programs.
- 2 -
4. OWNERSHIP
The original and any copies of the Licensed Programs, made by Licensee, including
translations, compilations, partial copies, modifications, and updates, are the property of NEAR.
5. PROPRIETARY RIGHTS
Licensee recognizes that NEAR regards the Licensed Programs as its proprietary
information and as confidential trade secrets of great value. Licensee agrees not to provide or to
otherwise make available in any form the Licensed Programs, or any portion thereof, to any
person other than employees of Licensee without the prior written consent of NEAR. Licensee
further agrees to treat the Licensed Programs with at least the same degree of care with which
Licensee treats its own confidential information and in no event with less care than is reasonably
required to protect the confidentiality of the Licensed Programs.
6. TERM
The license granted hereunder shall continue unless and until terminated pursuant to
Section 7 hereof and subject to Licensee's proper performance of its obligations hereunder.
7. TERMINATION
NEAR may terminate this Agreement if Licensee is in default of any of the terms and
conditions of this Agreement and fails to correct such default within ten (10) days after written
notice thereof from NEAR.
8. TERMINATION CERTIFICATE
In the event of termination, Licensee will immediately discontinue use of the
Licensed Programs. Within one (1) month after termination of this Agreement, Licensee will
furnish to NEAR a certificate which certifies with respect to each of the Licensed Programs that,
through its best effort and to the best of its knowledge, the original and all copies, in whole or in
part and in any form, of each of the Licensed Programs have been destroyed. The provisions of
Sections 4, 5, 8, 11, and 13 hereof shall survive any termination of this Agreement.
9. MAINTENANCE SUPPORT
Licensor will provide to Licensee the following support with respect to the Software:
(i) If during the 1st year of this Agreement, Licensee notifies Licensor of a
substantial program error respecting the Software, or Licensor has reason to believe that error
exists in the Software and so notifies Licensee, Licensor shall at its expense verify and attempt to
correct such error within thirty (30) working days after the date of notification. If Licensee is not
- 3 -
satisfied with the correction, then Licensee may terminate this Agreement, but without refund of
any amount paid to Licensor or release of any amounts due Licensor at the time of termination.
(ii) In the case that Licensee has technical questions in the use of the Software
during the 1st year of this Agreement, Licensee may submit those questions to Licensor.
Licensor shall provide consulting to answer such questions without charge to Licensee up to a
maximum of sixteen (16) hours for each licensed program.
(iii) If License desires to continue the Software support specified in this section,
Licensee shall pay to Licensor the maintenance fee(s) set forth in Exhibit A.
10. DELIVERY OF LICENSED PROGRAMS
NEAR shall use its best efforts to deliver the Licensed Programs promptly after
receipt of the purchase order and export license (if required).
11. WARRANTY DISCLAIMER
NEAR licenses, and Licensee accepts, the licensed programs "AS IS." NEAR
PROVIDES NO WARRANTIES AS TO THE FUNCTION OR USE OF THE LICENSED
PROGRAMS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING,
WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND
PERFORMANCE OF THE LICENSED PROGRAM IS WITH LICENSEE. LICENSOR DOES
NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE LICENSED PROGRAMS
WILL MEET LICENSEE'S REQUIREMENTS OR THAT THE OPERATION OF THE
LICENSED PROGRAMS WILL BE UNINTERRUPTED OR ERROR FREE.
12. PATENT AND COPYRIGHT INDEMNITY
NEAR will defend at its own expense any action brought against Licensee to the
extent it is based on a claim that the Licensed Programs used within the scope of the license
granted hereunder infringe a United States patent, copyright or other proprietary right of a third
party. NEAR will pay any costs, damages or attorney fees finally awarded against Licensee in
such action which are attributable to such claim, provided NEAR is promptly notified in writing
of such claim, may control the defense and/or settlement of such claim, and is provided with all
requested assistance, information and authority. In the event that a Licensed Program becomes,
or in NEAR's opinion is likely to become, the subject of a claim of infringement of a United
States patent, copyright or trade secret, NEAR may at its option either secure Licensee's right to
continue using the Licensed Programs, replace or modify the Licensed Programs to make them
not infringing, or provide Licensee with a refund of the license fee less depreciation on a 5 (five)
year, straight-line basis. NEAR shall have no liability for any claim of patent, copyright or trade
secret infringement based on the use of a Licensed Program in any form other than the original,
unmodified form provided to Licensee or the use of a combination of the Licensed Programs
- 4 -
with hardware, software or data not supplied by NEAR where the used Licensed Programs alone
in their original, unmodified form would not constitute an infringement. The foregoing states
Licensee's entire liability for infringement or claims of infringement of patents, copyrights or
other intellectual property right.
13. LIMITATION OF LIABILITY
NEAR'S LIABILITY TO LICENSEE UNDER ANY PROVISIONS OF THIS
AGREEMENT FOR DAMAGES FINALLY AWARDED SHALL BE LIMITED TO THE
AMOUNTS ACTUALLY PAID HEREUNDER BY LICENSEE TO NEAR. IN NO EVENT
SHALL NEAR BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR
CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF USE, LOSS OF PROFITS OR
INTERRUPTION OF BUSINESS, HOWEVER CAUSED OR ON ANY THEORY OF
LIABILITY.
14. NOTICES
All notices in connection with this Agreement shall be in writing and may be given by
certified, registered, or first class mail or personally delivered at the address set forth on the front
page. For purposes of this Agreement, a notice shall be deemed effective upon personal delivery
to the party or if by mail five days after proper deposit in a mail box.
15. SUCCESSORS
This Agreement will be binding upon and will inure to the benefit of the parties hereto
and their respective representatives, successors and assigns except as otherwise provided herein.
16. SEVERABILITY
In the event any provision of this Agreement is determined to be invalid or
unenforceable, the remainder of this Agreement shall remain in force as if such provision were
not a part.
17. GOVERNING LAW/FORUM
This Agreement shall be governed and interpreted by the laws of the State of
California. Santa Clara County, California shall be the appropriate venue and jurisdiction for the
resolution of any disputes hereunder. Both parties hereby consent to such personal and exclusive
jurisdiction.
18. NON-ASSIGNMENT
This Agreement and the licenses granted by it may not be assigned, sublicensed, or
otherwise transferred by Licensee without the prior written consent of NEAR.
Click to expand...


tl/dr

Tits or gtfo.
 
Nostromo said:
With the Sherdog mindset of TLDR for anything over 20 words without pics of tits included, you're a unique individual if you're reading this every time.

Typical software licensing agreement, and I had to cut out 1000 characters from the end just so it would fit in one post.

THIS AGREEMENT is entered into as of XXXX ("Effective Date") by and between
NIELSEN ENGINEERING & RESEARCH, INC. (NEAR), with offices at 605 Ellis Street,
Suite 200, Mountain View, California 94043-2241 ("LICENSOR") and COMPANY NAME
and ADDRESS ("LICENSEE").
WHEREAS, Licensee wishes to license software for the purpose of xxxxxxxxx and
NEAR desires to license this software to licensee.
NOW THEREFORE, the parties hereto agree as follows:
1. GRANT OF LICENSE
Subject to the terms and conditions of the Agreement, NEAR grants to Licensee a
non-exclusive, non-transferable license to use the software identified in Exhibit A (the "Licensed
Programs") for the purpose of xxxxxxxxxxxxxxxxxxxxxxxx. Licensee may use the Licensed
Programs in executable format for its own use, and may translate or modify the licensed
programs or incorporate them into other software. Licensee may not, however, transfer or
sublicense the Licensed Programs to any third party, in whole or in part, in any form, whether
modified or unmodified.
2. CONSIDERATION TO NEAR
a. Licensee shall pay, upon delivery of the Licensed Programs, the license fees set
forth in Exhibit A attached hereto.
b. License fees do not include any shipping, duties, bank fees, sales, use, excise or
similar taxes due. If Licensor is required to pay any such amounts, Licensee shall reimburse
Licensor in full.
3. COPIES
Licensee may make copies of the Licensed Program in executable code form as
necessary for use by Licensee and for backup or archive purposes. Licensee agrees to maintain
records of the location and use of each copy, in whole or in part, of the Licensed Programs. Each
Licensed Program is copyrighted but unpublished by NEAR. Licensee agrees to reproduce and
apply the copyright notice and proprietary notice of NEAR to all copies made hereunder, in
whole or in part and in any form, of Licensed Programs.
- 2 -
4. OWNERSHIP
The original and any copies of the Licensed Programs, made by Licensee, including
translations, compilations, partial copies, modifications, and updates, are the property of NEAR.
5. PROPRIETARY RIGHTS
Licensee recognizes that NEAR regards the Licensed Programs as its proprietary
information and as confidential trade secrets of great value. Licensee agrees not to provide or to
otherwise make available in any form the Licensed Programs, or any portion thereof, to any
person other than employees of Licensee without the prior written consent of NEAR. Licensee
further agrees to treat the Licensed Programs with at least the same degree of care with which
Licensee treats its own confidential information and in no event with less care than is reasonably
required to protect the confidentiality of the Licensed Programs.
6. TERM
The license granted hereunder shall continue unless and until terminated pursuant to
Section 7 hereof and subject to Licensee's proper performance of its obligations hereunder.
7. TERMINATION
NEAR may terminate this Agreement if Licensee is in default of any of the terms and
conditions of this Agreement and fails to correct such default within ten (10) days after written
notice thereof from NEAR.
8. TERMINATION CERTIFICATE
In the event of termination, Licensee will immediately discontinue use of the
Licensed Programs. Within one (1) month after termination of this Agreement, Licensee will
furnish to NEAR a certificate which certifies with respect to each of the Licensed Programs that,
through its best effort and to the best of its knowledge, the original and all copies, in whole or in
part and in any form, of each of the Licensed Programs have been destroyed. The provisions of
Sections 4, 5, 8, 11, and 13 hereof shall survive any termination of this Agreement.
9. MAINTENANCE SUPPORT
Licensor will provide to Licensee the following support with respect to the Software:
(i) If during the 1st year of this Agreement, Licensee notifies Licensor of a
substantial program error respecting the Software, or Licensor has reason to believe that error
exists in the Software and so notifies Licensee, Licensor shall at its expense verify and attempt to
correct such error within thirty (30) working days after the date of notification. If Licensee is not
- 3 -
satisfied with the correction, then Licensee may terminate this Agreement, but without refund of
any amount paid to Licensor or release of any amounts due Licensor at the time of termination.
(ii) In the case that Licensee has technical questions in the use of the Software
during the 1st year of this Agreement, Licensee may submit those questions to Licensor.
Licensor shall provide consulting to answer such questions without charge to Licensee up to a
maximum of sixteen (16) hours for each licensed program.
(iii) If License desires to continue the Software support specified in this section,
Licensee shall pay to Licensor the maintenance fee(s) set forth in Exhibit A.
10. DELIVERY OF LICENSED PROGRAMS
NEAR shall use its best efforts to deliver the Licensed Programs promptly after
receipt of the purchase order and export license (if required).
11. WARRANTY DISCLAIMER
NEAR licenses, and Licensee accepts, the licensed programs "AS IS." NEAR
PROVIDES NO WARRANTIES AS TO THE FUNCTION OR USE OF THE LICENSED
PROGRAMS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING,
WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND
PERFORMANCE OF THE LICENSED PROGRAM IS WITH LICENSEE. LICENSOR DOES
NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE LICENSED PROGRAMS
WILL MEET LICENSEE'S REQUIREMENTS OR THAT THE OPERATION OF THE
LICENSED PROGRAMS WILL BE UNINTERRUPTED OR ERROR FREE.
12. PATENT AND COPYRIGHT INDEMNITY
NEAR will defend at its own expense any action brought against Licensee to the
extent it is based on a claim that the Licensed Programs used within the scope of the license
granted hereunder infringe a United States patent, copyright or other proprietary right of a third
party. NEAR will pay any costs, damages or attorney fees finally awarded against Licensee in
such action which are attributable to such claim, provided NEAR is promptly notified in writing
of such claim, may control the defense and/or settlement of such claim, and is provided with all
requested assistance, information and authority. In the event that a Licensed Program becomes,
or in NEAR's opinion is likely to become, the subject of a claim of infringement of a United
States patent, copyright or trade secret, NEAR may at its option either secure Licensee's right to
continue using the Licensed Programs, replace or modify the Licensed Programs to make them
not infringing, or provide Licensee with a refund of the license fee less depreciation on a 5 (five)
year, straight-line basis. NEAR shall have no liability for any claim of patent, copyright or trade
secret infringement based on the use of a Licensed Program in any form other than the original,
unmodified form provided to Licensee or the use of a combination of the Licensed Programs
- 4 -
with hardware, software or data not supplied by NEAR where the used Licensed Programs alone
in their original, unmodified form would not constitute an infringement. The foregoing states
Licensee's entire liability for infringement or claims of infringement of patents, copyrights or
other intellectual property right.
13. LIMITATION OF LIABILITY
NEAR'S LIABILITY TO LICENSEE UNDER ANY PROVISIONS OF THIS
AGREEMENT FOR DAMAGES FINALLY AWARDED SHALL BE LIMITED TO THE
AMOUNTS ACTUALLY PAID HEREUNDER BY LICENSEE TO NEAR. IN NO EVENT
SHALL NEAR BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR
CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF USE, LOSS OF PROFITS OR
INTERRUPTION OF BUSINESS, HOWEVER CAUSED OR ON ANY THEORY OF
LIABILITY.
14. NOTICES
All notices in connection with this Agreement shall be in writing and may be given by
certified, registered, or first class mail or personally delivered at the address set forth on the front
page. For purposes of this Agreement, a notice shall be deemed effective upon personal delivery
to the party or if by mail five days after proper deposit in a mail box.
15. SUCCESSORS
This Agreement will be binding upon and will inure to the benefit of the parties hereto
and their respective representatives, successors and assigns except as otherwise provided herein.
16. SEVERABILITY
In the event any provision of this Agreement is determined to be invalid or
unenforceable, the remainder of this Agreement shall remain in force as if such provision were
not a part.
17. GOVERNING LAW/FORUM
This Agreement shall be governed and interpreted by the laws of the State of
California. Santa Clara County, California shall be the appropriate venue and jurisdiction for the
resolution of any disputes hereunder. Both parties hereby consent to such personal and exclusive
jurisdiction.
18. NON-ASSIGNMENT
This Agreement and the licenses granted by it may not be assigned, sublicensed, or
otherwise transferred by Licensee without the prior written consent of NEAR.
Click to expand...

I gotta be honest here... I only made it through half of that before whipping my dick out and hammering away at it angrily.
 
so did ts find the support section, but couldn't find the answer. or was it moved to support?
 
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